The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures
-
-
K. Melville
Published 19 January 2023
Executive Summary
(20/01/2023 corrected footnotes) The Police Powers doctrine has raised conflicting opinions regarding the balance between investor protection and State’s regulatory action, which done in the public’s interest. While the Police Powers doctrine is, of course, not the only means of protection afforded to States to avoid liability, the doctrine’s entrenchment in treaties and its specific application in recent cases showcases its ability to afford adequate protection to States while ensuring that the purpose behind investment treaties is not negated. What is clear, through the case analysis in the paper, is that tribunals can only assess the doctrine (and its application) on a case-by-case basis and that the imposition of strict criteria to establish the doctrine’s application is both futile and inappropriate. Ultimately, through its case-by-case application, the doctrine affords tribunals the flexibility required to deal with the plethora of factual matrices that may face investment tribunals.
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
K. Melville (2023, forthcoming) "The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures"
(TDM, ISSN 1875-4120) January 2023, www.transnational-dispute-management.com
Other recently published material:
Summary of Young-OGEMID Hot Topic Discussion No. 2: "Empirical Study - Provisional Measures in Investor-State Arbitration" (February 2023)
24 August 2023
Counterclaims based on Corporate Climate Change Responsibility: Challenges and Prospects
22 August 2023
Simplifying the Pathway to 2030: The Need for More, not Less, Protection for Climate Change-Related investment
21 August 2023
Politics of Investment Protection: Is the Trend of Adopting Environmental Protection Clauses Bringing any Balance?
17 August 2023
How Are Investment Tribunals Going to Interpret 'Environmental Provisions' under New Generation Investment Agreements? - Mapping the Changes in Recent Treaties from 2016 to 2021
16 August 2023
Complete listing of Advance publication.